J2 EAD vs H4 EAD: Complete 2026 Comparison Guide

The Key Difference You Need to Know First

The key difference: J-2 EAD is available to any J-2 dependent, while H-4 EAD requires your spouse to have an approved I-140 or be in their 7th+ year of H-1B status.

This eligibility difference affects everything. J-2 dependents (spouses and children) can apply for work authorization as soon as they arrive in the U.S. H-4 dependents often wait years before becoming eligible - and some never become eligible at all (8 CFR §274a.12(c)(26)).

If your spouse is on a J-1 visa, you can start working much sooner. If they're on an H-1B, you'll need to wait until they've made significant progress toward a green card before you can even apply.

Complete J-2 EAD vs H-4 EAD Comparison

For detailed requirements specific to J-2, see our complete J-2 work authorization guide. For H-4 requirements, our H-4 visa explained guide covers the basics.

Eligibility: Who Can Actually Apply

J-2 EAD: Simpler Requirements

Any J-2 dependent (spouse or minor child of a J-1 exchange visitor) can apply for an EAD. The requirements under 8 CFR §274a.12(c)(5) are straightforward:

1. Be in valid J-2 status
2. Be physically present in the U.S.
3. Provide a written statement confirming your income will not support the J-1 principal
4. Show evidence of the J-1's funding sources

That's it. No petition approvals. No minimum time in status. No waiting for your spouse's immigration milestones. You can check your J-2 EAD eligibility to confirm you qualify.

H-4 EAD: Significant Barriers

H-4 EAD has much stricter requirements. Only H-4 spouses (not children) can apply, and only if the H-1B principal meets one of these conditions:

Option 1: The H-1B is the beneficiary of an approved Form I-140 (Immigrant Petition for Alien Workers). Any category qualifies - EB-1, EB-2, or EB-3 - and the approval can be from a current or previous employer.

Option 2: The H-1B has been granted an extension beyond the standard 6-year limit under AC21 sections 106(a) and (b). This requires having a PERM application or I-140 filed at least 365 days before the 6th year ends.

If your spouse doesn't meet either condition, you cannot get an H-4 EAD - no matter how long you've been in the U.S. Check your H-4 EAD eligibility to see if you qualify.

Important: If the I-140 is revoked, you generally lose eligibility for future H-4 EAD renewals based on that I-140. If the I-140 was withdrawn after it had been approved for at least 180 days, USCIS generally does not revoke the approval solely because of the withdrawal - so the H-1B principal may still have an approved I-140, and H-4 EAD eligibility may still be possible if all other requirements are met.

Processing Times: What to Actually Expect

Processing times vary by service center, workload, and whether filings are concurrent with other applications. For the most accurate, current estimates, use the USCIS Check Case Processing Times tool for Form I-765 (and Form I-539 if applicable).

J-2 EAD processing times can be shorter in some cases, but timelines vary widely. Use the USCIS Check Case Processing Times tool for Form I-765 to see current estimates for your situation.

H-4 EAD processing time can vary depending on whether Form I-765 is filed together with Form I-539 and/or the principal's Form I-129. The Edakunni settlement's bundling requirement expired on January 18, 2025, meaning USCIS is no longer required to adjudicate certain concurrently filed I-539/I-765 applications together with the principal's I-129, which may affect timelines in some cases.

Neither category offers premium processing, and neither qualifies for online filing. Both require paper applications sent by mail. For current wait times at specific service centers, check the USCIS Processing Times tool.

To track your EAD application status after filing, use your receipt number on the USCIS Case Status Online portal.

The J-2 to H-4 Transition Problem

If your spouse is switching from J-1 to H-1B, you face a serious work gap issue that no one warns you about.

What happens: Your J-2 EAD becomes invalid the moment your J-2 status ends - which happens when your spouse's J-1 becomes H-1B. The expiration date printed on your EAD card doesn't matter. Your work authorization terminates immediately.

Processing times for an H-4 change of status (Form I-539) and an H-4 EAD (Form I-765) vary widely by service center and workload. Your ability to work depends on having valid work authorization tied to your current status/category; once your J-2 status (and any J-2-based employment authorization) ends, you generally cannot work again until you have a new, valid authorization (such as an approved H-4 EAD, if eligible). Check the USCIS Processing Times tool for current estimates for Forms I-539 and I-765.

Timeline reality:

• J-1 to H-1B change: processing times vary (check USCIS processing times for the specific petition/form and service center).
• Your work gap begins: Day J-1 becomes H-1B
• H-4 status approval: processing times vary (cannot work unless you have separate, valid work authorization).
• H-4 EAD application and approval: processing times vary (you cannot work in H-4 status until you receive an approved EAD).
• Total potential work gap: depends on USCIS processing times and your specific filing strategy; check USCIS processing times for Forms I-539 and I-765 to estimate the gap in your case.

There's no legal workaround. Consular processing abroad can sometimes be faster, but requires leaving the U.S. and attending visa interviews.

Which EAD Is Better? A Decision Framework

The answer depends entirely on your situation.

Choose the J-2 path if:

• Your spouse is a J-1 exchange visitor
• You need work authorization quickly
• You want to work as soon as possible after arriving
• Your spouse's long-term immigration plan is uncertain
• You or your children need employment authorization (children qualify for J-2 EAD)

Choose the H-4 path if:

• Your spouse is an H-1B with an approved I-140 (or will have one soon)
• You're planning long-term U.S. residence leading to a green card
• You can afford to wait for EAD eligibility
• You don't want the 212(e) two-year home residency requirement affecting your immigration options

Consider the 212(e) factor

J-2 dependents inherit any two-year home residency requirement (INA §212(e)) that applies to the J-1 principal. This can affect future visa changes and green card applications. You cannot apply for a 212(e) waiver independently - only the J-1 can pursue a waiver, and you're bound by that decision.

H-4 status has no such requirement, which simplifies future immigration transitions.

Critical 2025-2026 Policy Changes

Automatic EAD Extensions Eliminated (October 30, 2025)

The Trump Administration's Interim Final Rule 2025-19702 ended automatic EAD extensions for most categories.

Impact on J-2 EAD: None. J-2 EAD (category c5) was never eligible for automatic extension.

Impact on H-4 EAD: Significant. H-4 EAD (category c26) previously qualified for up to 540 days of automatic extension while a renewal was pending. Applications filed after October 30, 2025 no longer receive this benefit.

If you filed your H-4 EAD renewal before October 30, 2025, you may still qualify for the automatic extension. Otherwise, you must have the approved EAD card in hand before you can work. For current rules, see USCIS automatic extension guidance.

H-4 EAD Litigation Resolved

The Supreme Court denied certiorari in Save Jobs USA v. DHS on October 14, 2025 (Case No. 24-923). This ended years of legal challenges and confirmed DHS authority to issue H-4 EADs. The program is now legally secure from this particular challenge.

Payment Method Changes (October 28, 2025)

USCIS no longer accepts personal checks, money orders, or bank checks for paper I-765 applications. You must pay using:

• Form G-1450 (credit/debit card)
• Form G-1650 (electronic ACH debit)

Learn more about current USCIS payment options.

Application Process at a Glance

Both EAD types use Form I-765, filed by mail with USCIS. Here's what to expect:

Filing Fee

$520 for paper filing (online filing not available for either category). Use the USCIS Fee Calculator to confirm current amounts. Biometric services fees are included in the filing fee as of April 1, 2024; USCIS will schedule a biometrics appointment only if biometrics are required for your case.

Key Documents

J-2 EAD requires:

• Form I-765
• Copy of passport and J-2 visa stamp
• Copy of I-94 arrival record
• Copy of J-1's DS-2019
• Written statement explaining income purpose
• Evidence of J-1's financial support

H-4 EAD requires:

• Form I-765
• Copy of passport and H-4 visa stamp
• Copy of I-94 arrival record
• Evidence of H-1B's approved I-140 (approval notice)
• OR evidence of H-1B's AC21 7th year extension

Where to File

Filing addresses vary by category and location. Check the I-765 USCIS page for current addresses. Your A-Number (Alien Registration Number) will appear on your EAD card once approved.

Making Your Decision

J-2 EAD and H-4 EAD serve the same purpose - letting dependent family members work in the U.S. - but they operate under very different rules.

J-2 EAD is more accessible. Any J-2 dependent can apply, processing is faster, and children are eligible. The tradeoff: shorter validity periods and potential 212(e) complications.

H-4 EAD has higher barriers to entry. You'll wait years for eligibility in many cases, and children cannot qualify. But validity can extend up to 3 years, there's no 212(e) requirement, and it fits better into a long-term green card path.

If you're currently on J-2 status and eligible, starting your J-2 EAD application now means you could be working within a few months. If you're on H-4 and your spouse has an approved I-140, your H-4 EAD application takes longer but provides a cleaner path forward.

Official Sources

This guide is based on current USCIS policy and federal regulations. All information was verified against these official sources as of January 2026:

USCIS Resources

• USCIS Form I-765 Page
• H-4 EAD Main Page
• USCIS Policy Manual, Volume 10 (Employment Authorization)
• USCIS Policy Manual, Vol. 10 Part B Ch. 2 – EAD validity periods
• USCIS Fee Schedule (G-1055)
• USCIS Processing Times
• USCIS Automatic EAD Extension

Federal Regulations

• 8 CFR §274a.12 – EAD eligibility categories including (c)(5) for J-2 and (c)(26) for H-4
• 8 CFR §214.2(h)(9)(iv) – H-4 EAD qualifying conditions

Immigration and Nationality Act

• INA §101(a)(15)(J) – J visa classification
• INA §212(e) – Two-year home residency requirement

Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.